De minimis defenses are an understudied aspect of law, appearing in legal practice more often than in legal theory but rarely garnering any type of extensive analysis in either. This has led to an unfortunate state of affairs in which one term is applied to a set of practices that are, at best, only loosely connected. Using Paul Robinson’s system of defense types, this paper will illustrate the various roles and functions the de minimis defense plays in our legal system. (...) In doing so, it will highlight the dangers of viewing the defense as monolithic and suggest that our terminology surrounding de minimis ought to be revised due to the differing justifications that support the application of each de minimis type. (shrink)

In “Abetting a Crime,” Husak puzzles over what, exactly, abettors are held liable for. Having dismissed the proposal that derivative liability can ground the imposition of punishment, he then turns to fair labeling concerns to further highlight problems surrounding current Anglo-American complicity laws. The best moral solution, according to Husak, is a drastic but ultimately unworkable revising of our laws. Loosely, he presents a two-horned dilemma: the laws are either insufficiently detailed to respect fair labeling practices or too detailed to (...) be workable. Though I agree with his assessment derivative liability, I advocate for a more optimistic outlook. Specifically, I advocate for having multiple new crimes of “abetting _____,” where the blank is filled in by reference to a particular existing crime for which we think it should be wrongful to help another. This framework offers significant advantages over current complicity laws while escaping the two pitfalls Husak highlights. (shrink)

The law and society occasionally impute consent to an agent despite a clear lack of actual consent. A common type of such ‘fictitious consent’ is constructive consent. In this practice, we treat an agent as if she consented to Φ because she did Ψ. By examining how constructive consent operates in law and daily life, I show that our treatment of agents in these cases bears no normatively relevant resemblance to consent because it is grounded in values and concerns other (...) than autonomy. Thus, the practice may diminish the very autonomy consent proper seeks to promote. Hiding this potential for conflict creates the risk moral concerns will not be appropriately balanced when deciding on the permissibility of an action. We thus ought to be explicit that such cases don’t involve consent and its common justification. (shrink)

To promote ethical practices, healthcare managers must understand the ethical challenges encountered by key stakeholders. To characterize ethical challenges in Veterans Administration (VA) facilities from the perspectives of managers, clinicians, patients, and ethics consultants. We conducted focus groups with patients (n = 32) and managers (n = 38); semi-structured interviews with managers (n = 31), clinicians (n = 55), and ethics committee chairpersons (n = 21). Data were analyzed using content analysis. Managers reported that the greatest ethical challenge was fairly (...) distributing resources across programs and services, whereas clinicians identified the effect of resource constraints on patient care. Ethics committee chairpersons identified end-of-life care as the greatest ethical challenge, whereas patients identified obtaining fair, respectful, and caring treatment. Perspectives on ethical challenges varied depending on the respondent's role. Understanding these differences can help managers take practical steps to address these challenges. Further, ethics committees seemingly, are not addressing the range of ethical challenges within their institutions. (shrink)

To promote ethical practices, healthcare managers must understand the ethical challenges encountered by key stakeholders. To characterize ethical challenges in Veterans Administration facilities from the perspectives of managers, clinicians, patients, and ethics consultants. We conducted focus groups with patients and managers ; semi-structured interviews with managers, clinicians, and ethics committee chairpersons. Data were analyzed using content analysis. Managers reported that the greatest ethical challenge was fairly distributing resources across programs and services, whereas clinicians identified the effect of resource constraints on (...) patient care. Ethics committee chairpersons identified end-of-life care as the greatest ethical challenge, whereas patients identified obtaining fair, respectful, and caring treatment. Perspectives on ethical challenges varied depending on the respondent's role. Understanding these differences can help managers take practical steps to address these challenges. Further, ethics committees seemingly, are not addressing the range of ethical challenges within their institutions. (shrink)

Companies offer ethics codes and training to increase employees' ethical conduct. These programs can also enhance individual work attitudes because ethical organizations are typically valued. Socially responsible companies are likely viewed as ethical organizations and should therefore prompt similar employee job responses. Using survey information collected from 313 business professionals, this exploratory study proposed that perceived corporate social responsibility would mediate the positive relationships between ethics codes/training and job satisfaction. Results indicated that corporate social responsibility fully or partially mediated the (...) positive associations between four ethics program variables and individual job satisfaction, suggesting that companies might better manage employees' ethical perceptions and work attitudes with multiple policies, an approach endorsed in the ethics literature. (shrink)

This study used a partial least squares structural equation modelling (PLS-SEM) to estimate curriculum management's direct and indirect effects on university graduate programmes' viability. The study also examined the role of institutional effectiveness in mediating the nexus between the predictor and response variables. This is a correlational study with a factorial research design. The study's participants comprised 149 higher education administrators (23 Faculty Deans and 126 HODs) from two public universities in Nigeria. A structured questionnaire designed by the researchers was (...) used for data collection. The questionnaire was duly validated with an acceptable scale and item content validity indices. The dimensionality of the instrument was determined using exploratory factor analysis (EFA). Convergent validity was based on Average Variance Extracted (AVE), whereas discriminant validity was based on Fornell-Lacker criteria and the Hetero-Trait Mono-Trait (HTMT) ratio. Acceptable composite reliability estimates of internal consistency were reached for the three sub-scales. Following ethical practices, the questionnaire was physically administered to respondents and retrieved afterwards. Smart PLS (version 3.2.9) and SPSS (version 26.0) programs were used for all the statistical analyses. This study uncovered significant direct and indirect effects of curriculum management on the viability of graduate programmes. Institutional effectiveness significantly impacted graduate programmes’ viability while mediating the nexus between curriculum management and graduate programmes’ viability. Curriculum management and institutional effectiveness jointly explained a significant proportion of graduate programmes’ viability variance. The result of this study proved that graduate programmes’ viability depends, to a great extent, on how much curriculum is managed and how effective institutions are with their services. The result of this study can enable institutions seeking to run viable graduate programmes to re-evaluate their curriculum management practices and the effectiveness of their services. (shrink)

Crosslinguistically, the same modal words can be used to express a wide range of interpretations. This crosslinguistic trend supports a Kratzerian analysis, where each modal has a core lexical entry and where the difference between an epistemic and a root interpretation is contextually determined. A long-standing problem for such a unified account is the equally robust crosslinguistic correlation between a modal’s interpretation and its syntactic behavior: epistemics scope high (in particular higher than tense and aspect) and roots low, a fact (...) which has led to proposals that hardwire different syntactic positions for epistemics and roots (cf. Cinque’s hierarchy). This paper argues that the range of interpretations a modal receives is even more restricted: a modal must be keyed to certain time-individual pairs, but not others. I show that this can be captured straightforwardly by minimally modifying the Kratzerian account: modals are relative to an event—rather than a world—of evaluation, which readily provides a time (the event’s running time) and (an) individual(s) (the event’s participants). I propose that this event relativity of modals can in turn explain the correlation between type of interpretation and syntactic position, without stipulation of an interpretation-specific height for modals. (shrink)

Most large companies and many smaller ones have adopted ethics codes, but the evidence is mixed as to whether they have a positive impact on the behavior of employees. We suggest that one way that ethics codes could contribute to ethical behavior is by influencing the perceptions that employees have about the ethical values of organizations. We examine whether a group of sales professionals in organizations with ethics codes perceive that their organizational context is more supportive of ethical behavior than (...) sales professionals in companies without codes. After accounting for the effect of several covariates, our results indicated that sales professionals employed in organizations with codes of ethics perceived their work environments to have more positive ethical values than did other sales professionals. (shrink)

This investigation examined how people’s beliefs about the functionality of emotion shape their emotional response and regulatory strategies when encountering distressing events. In Study 1, we present data supporting the reliability and validity of an 8-item instrument, the Help and Hinder Theories about Emotion Measure (HHTEM), designed to assess an individual’s beliefs about the functionality of emotion. Participants who more strongly endorsed a Help Theory reported greater wellbeing, emotional acceptance, and use of reappraisal to regulate emotion. Participants who more strongly (...) endorsed a Hinder Theory reported less wellbeing and more expressive suppression and substance use. In Study 2, we demonstrate that encouraging participants to view emotion as helpful affected their physiological and regulatory response to a distressing event. Participants in the Help Theory condition showed greater physiological reactivity (SCL) during a distressing film than control participants but were more accepting of their emotional response. Shortly after the film, SCL decreased for participants in the Help Theory condition. Compared to control participants, they engaged in less suppression and reported less lingering effect of the film on their mood. Together, these studies suggest that people’s theories about the functionality of emotion influence their reactivity, the strategies they adopt to regulate emotion, and their ability to rebound after distressing events. (shrink)

Demonstrates the dramatic interplay of elements that comprise the concepts of norm, bisexuality, and development.

For healthcare professionals and organizations, there is an emphasis on addressing moral distress and compassion fatigue among clinicians. While addressing these issues is vital, this paper suggests that the philosophical concept of agent-regret is a relevant but overlooked issue in healthcare. To experience agent-regret is to regret your harmful but not wrongful actions. This person’s action results in someone being killed or significantly injured, but it was ethically faultless. Despite being faultless, agent-regret is an emotional response concerning one’s agency in (...) a situation that results in death or significant harm. In healthcare, many clinicians are likely to experience regret for faultless actions that significantly harm or cause the death of a patient. The recognition of agent-regret in healthcare is significant because it differs, conceptually and practically, from moral distress and compassion fatigue. Building on the work of Wojtowicz (Citation2022), we should strive to understand clinicians’ agent-regret by recognizing their agency in the situation, not lessening or removing it. (shrink)

The Free Choice effect—whereby \\) seems to entail both \ and \—has traditionally been characterized as a phenomenon affecting the deontic modal ‘may’. This paper presents an extension of the semantic account of free choice defended by Fusco to the agentive modal ‘can’, the ‘can’ which, intuitively, describes an agent’s powers. On this account, free choice is a nonspecific de re phenomenon that—unlike typical cases—affects disjunction. I begin by sketching a model of inexact ability, which grounds a modal approach to (...) agency in a Williamson -style margin of error. A classical propositional semantics combined with this framework can reflect the intuitions highlighted by Kenny ’s dartboard cases, as well as the counterexamples to simple conditional views recently discussed by Mandelkern et al.. In Section 3, I turn to an independently motivated actual-world-sensitive account of disjunction, and show how it extends free choice inferences into an object language for propositional modal logic. (shrink)

It is an appealing idea that deontic modality is a modality of the open future, and that the indeterminacy of the open future is the key, within natural language, to understanding the deontic modal puzzles that form the traditional subject-matter of deontic logic. In this paper, I pull together three well-studied strands of indeterminism—Thomason (1980)’s settledness operator, the modal base of Kratzer (1981, 1991)’s analysis of modals, and Stalnaker (1978)’s notion of diagonal acceptance—to argue for two theses governing a deontic (...) logic for natural language. -/- The first thesis makes a claim about postsemantic truth, and is couched in terms of Stalnaker’s dagger operator. The second concerns what it is for an act to be permissible, when agents exercise partial control over their obligations as well as their bodily movements. (shrink)

Another striking deviation with regard to philosophical tradition consists in the fact that contemporary schools in the philosophy of mathematics, with the exception again of Brouwer's intuitionism, hardly ever refer to mathematical thought.

This book provides a new interpretation of Kants critical work that shows Kants deep connection to Spinoza, and reveals new directions for thinking about Kant in relation to contemporary European philosophy.

It’s common to think that animals think. The cat thinks it is time to be fed, the monkey thinks the dominant is a threat. In order to make sense of what the other animals around us do, we ascribe mental states to them. The cat meows at the door because she wants to be let in. The monkey the monkey fails the test because he doesn’t remember the answer. -/- We explain animal actions in terms of their mental states, just (...) as we do with humans. One of us has argued that our science of animal minds requires that animal behavior be explained in such terms, and this doesn’t lead to a problematic use of folk psychology or anthropomorphism (Andrews 2016, 2020). By “anthropomorphism” we mean the attribution of human psychological, social, or normative properties to non-human animals “usually with the implication it is done without sound justification” (Shettleworth 2010, 477). And by “folk psychology” we mean the commonsense practice of seeing action as caused or accompanied by mental states like belief and desire, emotions, and seeing people in terms of their moods or personality traits, as well as categorizing complex behaviors as examples of grieving, communicating, or teaching (Andrews 2012). Psychologists routinely describe human behaviors in folk psychological terms, so it’s not that the categories are unscientific. The issue with using folk psychology to describe animal behavior is whether observable similarities between human and nonhuman behavior warrants thinking they involve the same psychological kind. The use of folk psychology when talking about animals need not be problematically anthropomorphic, though we need some evidentiary basis for filing animal behavior under some folk psychological category. -/- Despite it being commonplace for humans to attribute thoughts to animals, and there being arguments in favor of doing so in science, the nature of these mental states so many are happy to see in other animals remains unclear. To help bring some focus into the discussion, we will examine the attitude of belief. In this chapter we will examine the various possible statuses of animal beliefs, and the implications of those various views for our folk practice as well as our scientific investigations. (shrink)

The purpose of this study was to determine the degree to which the review of corporate ethics codes is associated with individuals’ perceptions of the importance of virtue ethics, or more specifically, employee incorruptibility. A convenience sample of individuals working for a university or one of several business organizations located in the Mountain West region of the United States was compiled with a self-report questionnaire. A usable sample of 143 persons representing both the public and private industries was secured for (...) use in this study. The results of an analysis of covariance showed that reviewing ethics codes during employee orientation was positively related to individuals’ beliefs that incorruptibility is an important individual virtue. The managerial implications of the findings are discussed along with suggestions for future research. (shrink)

How do social actors get addressees to stop retreating to metadiscussions that derail ground-level discussions, and why do they expect the strategies to work? The question is of both theoretical and practical interest, especially with regard to ground-level discussions of systemic sexism and racism derailed by qualifying “not all men” and “not all white people” perform the sexist or racist actions that are the topic of discussion. I use a normative pragmatic approach to analyze two exemplary messages designed to halt (...) retreats to metadiscussions about using “not all men” and “not all white people” qualifiers in discussions of systemic sexism and racism. I find that social actors use strategies that may at first glance appear to be out of bounds in an ideal critical discussion—e.g., demanding, shouting, cussing, sarcasm, name-calling—to cultivate a context where using not-all qualifiers becomes increasingly costly. The strategies are designed to get addressees to recognize that using not-all qualifiers is not an epistemic correction of a hasty generalization or ethical intervention to halt promulgation of stereotypes about men and white people. Instead, the strategies display that using not-all qualifiers is a fallible sign of willful hermeneutical ignorance, willful ignorance, and an attempt to reassert a measure of social dominance. These findings affirm the need to investigate the various strategies and normative materials social actors actually bring to bear to regulate disagreement. (shrink)

Within the growing developmental literature on children's testimonial learning, the emphasis placed on children's evaluations of testimonial evidence has shielded from view some of the more collaborative dimensions of testimonial learning. Drawing on recent philosophical work on testimony and interpersonal trust, we argue for an alternative way of conceptualizing the social nature of testimonial learning. On this alternative, some testimonial learning is the result of a jointly collaborative epistemic activity, an activity that aims at the epistemic goal of true belief, (...) but that does so by means of an irreducibly social process. (shrink)

A paradigm case of demanding involves making utterances designed to influence addressees to accede.1 It would be incoherent to say, "I demand that you do x, but I am not saying that you ought to do x," or "I demand that you do x, although I am fully aware that you cannot do x." The extraordinary nature of demanding may be gleaned from anomalous utterances such as "employees may demand time off by notifying scheduling managers at least one month in (...) advance" and "faculty members may demand an extension of the tenure clock in writing to the provost." Demanding is less anomalous in protest rhetoric and in fact an important strategy for marginalized groups who are "criticized for not handling conflicts and controversies... (shrink)

Kant’s account of “the radical evil in human nature” in the 1793 Religion within the Bounds of Reason Alone is typically interpreted as a reworking of the Augustinian doctrine of original sin. But Kant doesn’t talk about Augustine explicitly there, and if he is rehabilitating the doctrine of original sin, the result is not obviously Augustinian. Instead Kant talks about Stoic ethics in a pair of passages on either end of his account of radical evil, and leaves other clues that (...) his argument is a reworking of an old Stoic problem. “Radical evil” refers to the idea that our moral condition is — by default and yet by our own deed — bad or corrupt; and that this corruption is the root (radix) of human badness in all its variety, ubiquity, and sheer ordinariness. Kant takes as his premise a version of the Stoic idea that nature gives us “uncorrupted starting points” (Diogenes Laertius 7.89). What sense can be made of the origin of human badness, given such a premise? Kant’s account of radical evil is an answer to this old Stoic problem, which requires a conception of freedom that is not available in his Stoic sources. (shrink)

This paper presents experimental data relevant to understanding the modal free choice effect (Kamp, 1973) when there are more than two disjuncts under the relevant modal operator. The results suggest that speakers' willingness to draw free choice inferences is correlated with whether the embedded disjuncts are *modally separable*, in a sense brought into focus by considering cases within which the relevant propositions fail to be pairwise redundant but are redundant as a set.

Past work demonstrates that ethical ideologies and behaviors are associated with the physical and psychological well-being of employees. Drawing from ethical impact theory and related research, this investigation utilizes two studies of working adults to examine the relationships among employees’ moral outrage, anger expression, and generalized well-being, with the latter construct being operationalized with multi-variable measures of ill-being, positive life outlook, and health consciousness. In the first study, two dimensions of moral outrage were identified, with results indicating that these components (...) variably related to the ill-being/well-being measures and similar health behaviors. In the second study, anger expression was accounted for, thus disentangling it from the moral outrage dimensions, with results demonstrating that such anger changed the nature of some relationships between the moral outrage dimensions and the well-being outcomes. Overall, anger expression was associated more closely with negative outcomes, while the moral outrage dimensions were more closely associated with positive outcomes. These findings suggest that moral outrage may be cathartic, which contributes to further theory development and enhances understanding of the complex relationships among individual moral outrage, anger expression, and well-being. The practical considerations of the results are discussed, and the study’s limitations and suggestions for future research directions are highlighted. (shrink)

_Clinical Trials and the African Person_ offers an account of the African notion of the self/person within the clinical trials context. As opposed to autonomy-based principlism, this other-regarding/communalist perspective is touted as the preferred alternative model particularly in multicultural settings.

Health-care providers frequently face clinical ethical dilemmas when working with transgender youth who require hormone therapy but lack parental support for this intervention. Through semi-structured interviews and grounded theory analysis, we explored ethical and clinical decision-making processes of health-care providers, as well as the health care experiences of trans youth with family discordance. We analyzed responses in relation to North American bioethics principles, best interests standard, and the harm principle, exploring issues of autonomy, evidence, and anti-trans bias. We propose an (...) ethically acceptable clinical approach termed parallel process hormone therapy initiation to address the needs of transgender youth with complex family situations. (shrink)

ABSTRACTThis paper explores and reevaluates the place of Plato in the history of liberty. In the first half, reevaluating the view that he invents a concept of ‘positive liberty’ in the Republic, I argue for two claims: that he does not do so, insofar as this is not the way that virtuous psychological self-mastery in the Republic is understood, and that the Republic works primarily with the inverse concept of slavery, relying on entrenched Greek ideas about the badness of the (...) status of being a slave and the actions and dispositions associated with it. Turning in the second half to seek Platonic innovation not in the domain of ‘positive liberty’ but in reflection on liberty as a political value, understood as the liberty of action of citizens within the laws, I argue for two further claims: that as such a political value, liberty is limited and reshaped in both the Republic and the Laws to be compatible with obedience to rule / willingness to be ruled, ideally willing obedience; and that for this limited and reshaped value to be secured, such obedience must be manifested not only in regard to a constitution’s laws, but also to the magistrates who hold office within it. (shrink)

Bioethics, Volume 36, Issue 3, Page 336-345, March 2022.

Broadly speaking, it seems plausible to say that fear appeals are designed to induce action—to generate persuasive force for addressees to act in order to avoid a fearful outcome (Walton 2000, 1-2, 20, 22, 143; Witte 1994, 113; Witte 1992, 329). Because a fear appeal is a kind of argument about harmful consequences, and because arguments about harmful consequences are commonplace in deliberations, fear appeals are practically inevitable in civic discourse. And, as some scholars have recently confirmed, making fear appeals (...) may be appropriate in civic discourse (Walton 2000, 139; Pfau 2007, 228). The challenge is to explain how they generate persuasive force—how they reasonably pressure addressees to act as the .. (shrink)

(2009). Masochism and The Mother, Pedagogy and Perversion. Angelaki: Vol. 14, shadows of cruelty sadism, masochism and the philosophical muse – part one, pp. 117-130.